Winn Solicitors: Contesting a Will

Are you considering contesting a Will? The team at Winns is ready to help you today.

The dedicated team in our Wills, Probate and Trust department will support you through the process and provide efficient and effective advice while progressing your claim.

 Already a frustrating and potentially stressful time, relying on a legal professional to help with contesting a Will can take the stress, angst, and confusion out of the act and make the process much easier.

The team at Winns

Our Wills, Probate and Trust team are experienced, compassionate, and methodical in their approach to matters involving Wills. Led by Head of Department Rebecca Harbron Gray, she has in excess of 15 years industry related experience and has confronted a wide range of issues in the process. 

With qualifications from STEP, among others, Rebecca goes above and beyond to remain at the forefront of this sector of law. Ably assisted by Nicola, Josef, and Georgia, the team are diligent and work to ensure the best possible outcome for you as an individual.

 

The Wills team have been fantastic and explained everything thoroughly. I would highly recommend them to anyone that needs a Will.

Amy

 

What are the grounds for contesting a Will?

There are certain circumstances that allow you to contest a Will and its validity. One of the important elements of the process focuses on the mental capacity of the person creating a Will. If they lacked this at the time then a Will may be invalid, especially if there is the assertion that the document was made under improper influence from another person.

There may have been suggestions the Will has been forged, or the Will in place may not have provided for you enough if, for example, you were financially dependent on the deceased.

There are other examples of grounds for contesting, but it is important to contact a legal professional to discuss your unique circumstances.

 

I recently needed to update my Will and have to say I was not looking forward to this but Nicola was so helpful and understanding and helped me through each step. I have to say it was also a very swift service and would definitely recommend Winn solicitors.

Emma

 

How to contest a Will?

When contesting a Will, it would be advisable to seek the input of a legal professional with experience in such matters. By contacting the team at Winns, they will be able to provide personalised support for your circumstances and advise on the applicable time limits that may apply to making certain types of claims.

Mediation – whereby a third party facilitates discussion between the two parties before reaching an agreed satisfactory outcome for all concerned – is often used as a first tactic to resolve issues around a contested Will.

But if the need to go to Court is established then the team at Winns will ensure you are supported throughout. Considering contesting a Will?

 

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What’s the time limit for contesting a Will?

The time limit is dependent on the type of claim being made. There may be a six-month limit from the day probate is granted. If you have exceeded this, you may need to apply to the Court for the approval to make a claim.

It is important to note there is no time limit on disputing whether a Will is valid. To be confident that you are following the correct course of action based on your unique situation, contact the experienced team at Winns and they can provide appropriate and relevant advice.

How much does it cost?

The cost varies depending on the type of contesting you require. This will be based on the circumstances surrounding the Will and should be assessed by a legal professional before a cost is proposed.

By calling our team, you will get a clear picture of the situation in a legal sense and the costings that will go with it.

 

I was very happy with the service offered by Winn Solicitors in the handling of the Probate process for my mum’s estate. Rebecca and Josef were prompt, friendly and efficient in their communication and the handling of the process. I would highly recommend their services.

Claire

 

FAQs

Is it difficult to change a Will?

You have the option to make minor changes to a Will by using an official alteration, known legally as a codicil. If you wish to make large changes, for instance after getting married or divorced or moving house, then a new Will needs to be created to accommodate. Both of these can be done easily by contacting a legal team, who will go through the process and deliver the changes you wish to initiate.

What makes a Will invalid?

There are many reasons, varying in severity, that can cause doubts to be raised about the validity of a Will. These can range from something as simple as making a small error to the allegation that the creation of the Will took place at a time when the subject lacked the mental capacity to do so or was unduly influenced by another person.

Can I contest a Will if I’m not named in it?

Although dependent on your circumstances, in many cases you can contest a Will if you are not named in it. Just because someone is excluded from a Will doesn’t immediately rule them out from inheriting part of the estate. As the standard family make-up changes in modern society – with increasing numbers of divorces and new families being formed – so oversights such as not including a new partner in an up to date Will become more common. You may have been left out due to a change of Will just before the person died. If that, you believe, was down to an outside influence then you may be able to contest. If you are a family member but became estranged during their lifetime then you may still be eligible and entitled to some form of inheritance.

What is the difference between contesting a Will and contentious Probate?

Contentious Probate focuses on any dispute surrounding the administration of an estate as opposed to the contents of a Will and its validity. Contentious Probate may involve a disagreement about asset value, interpretation of the Will, division of the estate or an executor who may, in the view of the person claiming, have mishandled the estate.

Why choose Winns?

If you are in disagreement over the contents of a Will and considering contesting its validity, call the expert team at Winns for the help, support, and guidance you need. Our team has the knowledge and expertise to evaluate your circumstances and provide relevant and appropriate advice to you.

For more information about our Wills, Probate, and Trust team and how they could help in your situation, click here.